Call 1-800-949-4ADA
for Technical Assistance
Preface
How This Guide Can Help You
Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools is designed to help public school systems comply fully with the provisions of Title II of the Americans with Disabilities Act of 1990 (ADA). Written primarily for designated ADA coordinators in straightforward, non-legalistic language, the Guide presents a comprehensive process for:
- planning procedures to ensure ADA compliance,
- conducting the self-evaluation and transition plan required under the ADA, and
- making modifications where needed.
The Guide uses examples throughout to show how regulations would apply in specific instances. Worksheets outline a structured process for planning, evaluating, and documenting your compliance activities.
No matter what stage your public school system has reached in regard to ADA compliance, the Guide will be of assistance. If you have not completed, or have only partially completed, your required self-evaluation and transition plan, the Guide will assist you in identifying necessary steps to achieve compliance. If you have recently completed your self-evaluation and transition plan, the Guide may be used as a reference and resource to help you conduct periodic evaluations to ensure continued compliance as new programs are introduced and existing ones are modified.
If your public school system completed a self-evaluation under Section 504 of the Rehabilitation Act of 1973 (Section 504) when it was required years ago, but has not updated it since the passage of the ADA, the Guide will assist in identifying key programs, policies, and practices that were not subject to the Section 504 self-evaluation, and highlight differences between Title II and Section 504. Note that even when updates to the Section 504 self-evaluation are not legally required, it may be in the best interest of the public school system to review its entire program for compliance. Changes in programs and functions inevitably occur over the years. It is also advisable to revisit actions planned to comply with Section 504 in order to determine which of them were completed and to assess their effectiveness.
HOW THE GUIDE IS STRUCTURED
The eight chapters of the Guide are designed to correspond fairly closely with the regulations, though the order of topics is occasionally modified to improve readability. Worksheets are included at the end of Chapters Three through Seven to assist you in the self-evaluation process; these are intended as basic guides that should be adapted to suit your school system's specific requirements and administrative structure. The following summarizes the content of each chapter to assist you in locating the information you need.
* Print Page ii
Chapter One. Introduction to Title II
This chapter explains the goals of the ADA and briefly discusses each of its titles, noting entities covered by each Title. It also comments on the relationship between Section 504 and Title II and clarifies some of the key differences between them.
Chapter Two. Who is Protected Under Title II?
A critical definition--a "qualified individual with a disability"--is discussed. Illustrations drawn from education, employment, and other contexts illuminate the question of who meets or does not meet definition criteria. Exclusions from this definition are highlighted. The chapter also gives examples of those covered because of their "association" with qualified individuals with disabilities and includes a discussion of when they are entitled to protection under the law.
Chapter Three. Planning for Compliance
This chapter will help you plan your school system's approach to ensuring ADA compliance. It identifies the action steps you need to take to comply, the required timelines for completing each action step, and the principles of successful compliance. A three-phase process for completing self-evaluation planning is shown, beginning with the planning phase and proceeding through the self-evaluation to the execution of modifications. The chapter concludes with an expanded discussion of the planning process and how it might be structured in public school systems such as yours.
Worksheets provide a structure to assist the ADA coordinator in tracking progress through the start-up phase; forming the compliance team; developing a comprehensive list and summary of programs, activities, and services; and defining and monitoring the compliance process.
Chapter Four. General Nondiscrimination Requirements
This chapter reviews the general prohibitions against discrimination contained in the Title II regulation. The obligations of a school district specifically described under Section 504 to provide a "free appropriate public education" (FAPE) to school-age individuals with disabilities, regardless of the nature or severity of their disabilities, are incorporated in the general provisions of Title II that are discussed in this chapter. The chapter provides an overview of the FAPE requirements that are part of the general prohibitions against discrimination section of Title II. Basic equal opportunity requirements are highlighted. The chapter explains what is meant by "reasonable modifications" to policies, practices, or procedures, which the Title II regulation requires when appropriate. It explains specific requirements such as those related to eligibility criteria, methods of administration, contractor selection, and the selection of sites and locations. It also discusses the application of the Title II provision concerning personal devices and services.
Worksheets provide a structured framework for evaluating the school district's policies and procedures related to nondiscrimination, to identify those for which "reasonable modifications" are required. School systems may use the worksheets to summarize their programs, activities, and services to facilitate review, to collect and document their policies and practices, to determine aspects of programs to be examined, to document needed changes to policies and practices, and to solicit comments on findings.
Chapter Five. Requirements for Employment Policies and Practices
This chapter explains ADA provisions for the full range of employment issues and activities. It addresses recruitment, hiring, medical inquiries and examinations, on-the-job benefits, opportuni-
* Print Page iii
ties for advancement, and training opportunities. Special attention is given to the requirement to provide "reasonable accommodation" for qualified applicants and employees with disabilities. This chapter introduces and illustrates the concept of "undue hardship." The use of contracts or other relationships with external agencies in the hiring process or in other aspects of the employer-employee relationship is discussed. The chapter concludes with examples of defenses related to charges of employment discrimination.
Worksheets are provided to assist you in evaluating all aspects of employment relationships in your school system to ensure compliance. The worksheets specifically address advertising, application forms, interviews, medical examinations, health insurance and other benefits, personnel policies, job tests, and reasonable accommodations.
Chapter Six. Program Accessibility
This chapter describes the program accessibility requirements of Title II and highlights major similarities and differences between the program accessibility requirements of Section 504 and Title II. The chapter clarifies requirements for accessibility both in existing facilities and in new construction. It discusses and illustrates options for making programs accessible, addressing both administrative and architectural solutions. In addition, it clarifies relevant regulatory provisions related to leased space and historic properties.
Worksheets structure the review process by providing forms for use in conducting the building inventory and noting inaccessible features, developing nonstructural solutions to providing access, and identifying the architectural features that must be addressed in the transition plan.
Chapter Seven. Requirements for Effective Communication
This chapter explains and illustrates the Title II requirements for effective communication for persons with visual, hearing, and speech disabilities. Major similarities and differences between the requirements of Title II and Section 504 for communication are also presented. The chapter offers a brief discussion of a variety of auxiliary aids and services that are available to ensure effective communication; these include assistive listening systems, voice output computers, and interpreter services. The requirements regarding telecommunication devices for the deaf (TDDs) are also explained, as are the requirements for telephone emergency services and signage. Finally, the chapter explains the concepts of "fundamental alteration" and "undue burden."
Worksheets presented at the end of the chapter are designed to help conduct the self-evaluation. School systems can use them to assess their current capacity to provide effective communication to persons with disabilities and to support the development of an action plan to achieve compliance.
Chapter Eight. Compliance Procedures
This chapter reviews the enforcement procedures for Title II and the remedies available in the event that institutions are determined not to be in compliance. The chapter then outlines the process for filing complaints and addresses miscellaneous provisions related to compliance and enforcement, such as those governing attorney's fees.
Resources
This section identifies sources of information and assistance on particular issues related to the Title II self-evaluation.
* Print Page iv
Index
The comprehensive index may be used to locate all discussions of specific subjects related to the ADA and Section 504 in this Guide.
CITATIONS
This Guide contains numerous references to the Code of Federal Regulations (C.F.R.), the multi-volume codification of regulations issued by the federal government. A citation "28 C.F.R. 35.103" means Title 28 of the Code of Federal Regulations, Part 35, Section 103.
The Guide also contains references to the United States Code (U.S.C.), the multi-volume codification of statutes, or laws, passed by Congress. A citation "42 U.S.C. 12102" means Title 42 of the United States Code, Section 12102.
Outside Links will Open Up in a New Window
contact us: DBTAC
Southwest ADA Center
800-949-4232 or 713-520-0232 v/tty